Page:United States Statutes at Large Volume 94 Part 1.djvu/545

 PUBLIC LAW 96-270—JUNE 14, 1980

94 STAT. 495

of asbestos fibers in schools, as determined in accordance with standards under paragraph (1)(B) of this subsection. (b) After reviewing recommendations submitted to the Secretary by Regulations, the Task Force under section 3(e)(5), the Secretary, with the concurrence of the Task Force, shall by regulation establish— (1) procedures to be used by local educational agencies, in programs for which loans are made under section 6, for— (A) containing and removing asbestos materials in school buildings; (B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and (C) restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken; and (2) standards for determining which contractors are qualified to carry out the activities referred to in paragraph (1). (c) In carrying out his duties under this section, the Secretary shall avoid, to the maximum extent practicable, duplicating similar activities undertaken by the Environmental Protection Agency. RECOVERY OF COSTS BY THE UNITED STATES

SEC. 8. (a)(1) As a condition of the award of any grant under section 5 or loan under section 6, the recipient of any such grant or loan shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such sections. (2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from any judgment recovered by the recipient in such suit) shall be used to repay to the United States, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of— (A) the amount of any grant made to the recipient under section 5; (B) the amount outstanding on any loan made to the recipient under section 6; and (C) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Secretary). (b) The Attorney General shall conduct an investigation to determine whether, by using all available means, the United States should or could recover, from any person determined by the Attorney General to be liable for such costs, the amounts expended by the United States to carry out this Act. Within one year after the effective date of this Act, the Attorney General shall submit to the Congress a report containing the results of the study, together with any appropriate recommendations. (c) If the Attorney General determines in the report under subsection (b) that the United States should seek to recover the amounts expended by the United States to carry out this Act, the Attorney General shall proceed in an expeditious manner to recover such amounts from the persons referred to in subsection (b).

79-194

O—81—pt. 1

35: QL3

20 USC 3607.

Investigation by Attorney General. Report to Congress.

�